JAMES THE SECOND.

gistered in the freeholders’ book. Sir Samuel Astry, Clerkof the Crown, whose duty it was, in cases of this description, ■to select the names, was summoned to the palace, and hadan interview with James in the presence of the Chancellor.*Sir Samuel seems to have done his best. For, among theforty-eight persons whom he nominated, were said to beseveral servants of the King, and several Roman Catholics.**But as the counsel for the Bishops had a right to strike offtwelve, these persons were removed. The crown lawyersalso struck off twelve. The list was thus reduced to twenty-four. The first twelve who answered to their names were totry the issue.

On the twenty-ninth of June, Westminster Hall, Old andNew Palace Yard, and all the neighbouring streets to a greatdistance were thronged with people. Such an auditory hadnever before and has never since been assembled in the Courtof King’s Bench. Thirty-five temporal peers of the realmwere counted in the crowd.***

All the four Judges of the Court were on the bench.Wright, who presided, had been raised to his high place overthe heads of many abler and more learned men solely onaccount of his unscrupulous servility. AUibone was a Pa-pist, and owed his situation to that dispensing power, thelegality of which was now in question. Holloway had hithertobeen a serviceable tool of the government. Even Powell,whose character for honesty stood high, had borne a part insome proceedings which it is impossible to defend. He had,in the great case of Sir Edward Hales, with some hesitation,it is true, and after some delay, concurred with the majo-rity of the bench, and had thus brought on his charactera stain which his honourable conduct on this day completelyeffaced.

The counsel were by no means fairly matched. Thegovernment had required from its law officers services soodious and disgraceful that all the ablest jurists and advocates

* Clarendon’s Diary, June 21 .1688.

** CiUers, • 1688. *** Johnstone, July 2. 1688.

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] 688 ,